Effective Date of Rule: Thirty-one days after filing.

     Purpose: The Washington hop commission is proposing to remove the requirement to stencil all hop bales with "WASHINGTON" or "WASHINGTON GROWN." In-state processing results in few hop bales leaving the Yakima Valley so change will not impact crop marketing. It will allow greater reuse of burlap bale cloth and result in a time and cost savings.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-532-120.

     Statutory Authority for Adoption: Chapters 15.65 and 34.05 RCW.

      Adopted under notice filed as WSR 06-07-165 on March 22, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: July 17, 2006.

Ann E. George

Administrator

OTS-8575.1

AMENDATORY SECTION(Amending WSR 04-10-059, filed 4/30/04, effective 5/31/04)

WAC 16-532-120   Labeling.   (((1))) Each lot of hops must be identified by the crop year produced, grower number and lot designation, and variety stenciled on each bale.

     (((a))) (1) A three-digit grower number will be assigned by the Washington hop commodity board (commission) prior to the annual harvest.

     (((b))) (2) The first marking will consist of the last digit of the crop year, the letter "G" and a hyphen, followed by the three-digit grower number and lot designation (example: 8G-000-01).

     (((c))) (3) The first marking shall be affixed on the head or top of the bale and shall be in characters approximately two inches high.

     (((d))) (4) The second marking will consist of the hop variety, utilizing a two-letter abbreviation. A list of approved two-letter abbreviations will be approved annually by the Washington state hop commodity board.

     (((e))) (5) The second marking shall be affixed immediately below the first marking on the head or top of the bale, and shall be in characters approximately two inches high.

     (((2) In addition to any other brands, labels, stencils or other marks customarily used by hop handlers to identify their own trademarks, labels or firm names, all baled hops shall be branded, labeled, stenciled or marked with one distinctive identifying marking, defined or designated by the hop commodity board (commission), which shall identify the hops as having been grown in the state of Washington.

     (a) This mark or identification shall be stenciled in letters at least one inch in height and shall read: "WASHINGTON," or "GROWN IN WASHINGTON," as prescribed by the hop commodity board (commission).

     (b) This mark or identification shall be affixed in a suitable position on the head or top of the bale, in the area generally used by the federal/state inspectors to stencil their own identification mark and in the same general area where the grower's "G" number and variety identification are applied.

     (c) At no time shall the identification marking appear on the face or sides of the bales, as these areas are considered to be for the use of the dealer or handler for trademarks, shipping markings, bale numbers, firm insignias, etc.

     (d) The approved identification marking shall be affixed by the federal/state inspector prior to the drawing of samples for federal/state inspection, and, no hops may be sampled for this purpose unless the markings have been affixed thereto in compliance with the regulations prescribed by the hop commodity board (commission).

     (e) Handlers who offer hops for sale in foreign countries where only shipping markings are permitted on the bales or containers, may apply to the hop commodity board (commission) for permission to blot out or remove the identifying marking.))

[Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. 04-10-059, § 16-532-120, filed 4/30/04, effective 5/31/04. Statutory Authority: RCW 15.65.050. 97-17-096, § 16-532-120, filed 8/20/97, effective 9/20/97; 95-17-118 (Order 5077), § 16-532-120, filed 8/23/95, effective 9/23/95. Statutory Authority: RCW 15.65.280 and WAC 16-532-020 10K [(10)(k)]. 93-09-014, § 16-532-120, filed 4/13/93, effective 5/14/93. Statutory Authority: RCW 15.65.380. 88-13-050 (Resolution No. 88-01), § 16-532-120, filed 6/10/88; Regulation 2, filed 10/16/64.]

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